Legal Question in Family Law in Utah

Decree states; Except as otherwise agreed between the parties, so long as the parties live within a 10-mile radius of one another it shall be respondent�s responsibility to pick up the children from petitioner�s home at the commencement of his parent-time and to drop off the children at school or petitioner�s home at the conclusion of his parent-time.

If I've been offered and have accepted first right of refusal, would that time be considered parent-time? Reason is I will be spending that time with my son at my girlfriend's home, which is 40 miles away. I want my X to come pick up my son. Can I insist she picks my son up since I'm exercising First right as opposed to parent-time?


Asked on 3/04/13, 10:57 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Parent time is the time allocated by the decree or court order. First right of refusal time is not that kind of parent time, but is considered "bonus time." For bonus time you pick up and deliver the child, your ex has no obligation to drive the extra distance.

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Answered on 3/04/13, 12:35 pm


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